Opinion
No. 05-04-00548-CR
Opinion Filed January 4, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F04-48927-JL. Affirmed.
Before Justices MOSELEY, FRANCIS, and MAZZANT.
OPINION
Ronnie Dale Walker waived a jury and entered a non-negotiated guilty plea to theft of property valued at less than $1500, and having two prior theft convictions. See Tex. Pen. Code Ann. § 31.03(a), (e)(4)(D) (Vernon Supp. 2004-05). The trial court sentenced appellant to two years in a state jail facility and assessed a $1000 fine. In a single point of error, appellant contends his guilty plea was involuntary. We affirm the trial court's judgment. Appellant argues his guilty plea was involuntary because he believed he would receive drug treatment and probation. Appellant asserts he did not understand the consequences of entering an open guilty plea, and he was only seeking treatment. The record shows the trial court properly admonished appellant orally and in writing. See Tex. Code Crim. Proc. Ann. art. 26.13(a), (d) (Vernon 1989 Supp. 2004-05); Kirk v. State, 949 S.W.2d 769, 771 (Tex.App.-Dallas 1997, pet. ref'd). Appellant testified he understood the punishment range for the offense, no promises were made, and he voluntarily signed a judicial confession, which tracks the language in the indictment. Appellant's signed judicial confession and stipulation of evidence was offered into evidence without objection. Nothing in the record shows appellant was not aware of the consequences of his guilty plea and that he was harmed or misled by the trial judge's admonishments. See Tex. Code Crim. Proc. Ann. art. 26.13(c); Martinez v. State, 981 S.W.2d 195, 197 (Tex.Crim.App. 1998). The fact that appellant received greater punishment than he hoped for does not render his plea involuntary. See Tovar-Torres v. State, 860 S.W.2d 176, 178 (Tex.App.-Dallas 1993, no pet.). We overrule appellant's sole point of error. We affirm the trial court's judgment.